R-10-03-11-10C6 - 3/11/2010RESOLUTION NO. R-10-03-11-1006
WHEREAS, on November 22, 2005, the City of Round Rock ("City")
entered into a contract with RGM Constructors, L.P. ("RGM") for the
Kiphen Road Improvements Phase II ("Project"), and
WHEREAS, RGM has submitted a claim to the City for additional
costs incurred as a result of unforeseen delays in the completion of
the Project, and
WHEREAS, the City and RGM have expressed a willingness to
settle this claim for the amount of $300,000.00, and
WHEREAS, the City and RGM desire to enter into a Settlement
Agreement in regards to this matter, Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK,
TEXAS,
That the Mayor is hereby authorized and directed to execute on
behalf of the City a Mutual Settlement Agreement and Release with
RGM Constructors, L.P., a copy of same being attached hereto as
Exhibit "A" and incorporated herein for all purposes.
The City Council hereby finds and declares that written notice
of the date, hour, place and subject of the meeting at which this
Resolution was adopted was posted and that such meeting was open to
the public as required by law at all times during which this
Resolution and the subject matter hereof were discussed, considered
and formally acted upon, all as required by the Open Meetings Act,
Chapter 551, Texas Government Code, as amended.
0:\wdox\SCC1nts\0112\1005\MUNICIPAL\00184982.DOC/rmc
RESOLVED this llth day of March, 2010.
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ATTEST:
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SARA L. WHITE, City Secretary
ALAN MCGRAW, Mayor
City of Round Rock, Texas
MUTUAL SETTLEMENT AGREEMENT AND RELEASE
This Mutual Settlement Agreement and Release ("Agreement") is made and entered into on this
the 11th day of March, 2010 by and between the CITY OF ROUND ROCK, a Texas home -rule
municipal corporation, whose offices are located at 221 East Main Street, Round Rock, Texas
78664-5299 (hereinafter referred to as "City"), and RGM CONSTRUCTORS, L.P., a Texas
limited partnership, located at 15603 North IH 35, Pflugerville, Texas 78660 (hereinafter
referred to as "RGM"), as follows, to -wit:
1. Parties: The parties to this Agreement are the City and RGM.
2. Scope of Agreement: This Agreement is executed to witness a full, final and complete
settlement between City and RGM with respect to all matters relating to the contract for
construction of Kiphen Road Improvements Phase II ("Contract") made and entered into
on November 22, 2005.
3. Consideration: RGM, individually hereby agrees to accept the sum of $300,000.00 in
complete, full and final settlement as set forth in paragraph 4.
4. Release: RGM hereby forever waives, releases and covenants not to sue City with regard
to any and all actual or potential claims, suits, demands, causes of action, charges or
grievances of any kind or character, known or unknown, regardless of the nature or extent
of the same, made or which could have been made arriving out of the Contract.
5. Place of Payment: Payment of $300,000.00 shall be made to RGM Constructors, L.P.
6. Authority: Each signator warrants that such party has authority to sign this Agreement.
7. Entire Agreement and Voluntary Acceptance: It is understood and agreed that this
Agreement contains the entire agreement between the parties hereto with regard to the
matters set forth herein. All parties further declare that the terms of this Agreement have
been read, voluntarily accepted, understood by them or explained to them by their
attorneys, and agreed to and approved by them or by their attorneys. It is understood that
the provisions of this Agreement are contractual and are not merely recitals.
8. Governing Law: This Agreement shall be construed and interpreted in accordance with
the laws of the State of Texas and the laws of the United States.
00185195.DOC/rmc
EXECUTED this the day of , 2010.
RGM CONSTRUCTORS, L.P., a Texas limited partnership
By:
Printed Name:
Title:
Date Signed:
CITY OF ROUND ROCK, TEXAS
By:
Printed Name:
Title:
Date Signed:
For City, Attested:
By:
Sara L. White, City Secretary
For City, Approved as to Form:
By:
Stephan L. Sheets, City Attorney
DATE: March 4, 2010
SUBJECT: City Council Meeting — March 11, 2010
ITEM: 1006. Consider a resolution authorizing the Mayor to execute a Mutual Settlement
Agreement and Release with RGM Constructors.
Department:
Staff Person:
Justification:
Transportation Services
Tom. Word, P.E., Chief of Public Works Operations
This settlement agreement is for the Kiphen Road Phase 11 project from delays that the contractor
experienced. On January 28, 2010, the City Council voted to offer RGM a settlement of $300,000.
Strategic Plan Relevance:
Funding:
Cost: $300,000
Source of funds: 4B — Transportation System Development Corporation
Outside Resources (if applicable):
N/A
Public Comment (if applicable):
N/A
EXECUTED
DOCUMENT
FOLLOWS
MUTUAL SETTLEMENT AGREEMENT AND RELEASE
This Mutual Settlement Agreement and Release ("Agreement") is made and entered into on this
the 1 lth day of March, 2010 by and between the CITY OF ROUND ROCK, a Texas home -rule
municipal corporation, whose offices are located at 221 East Main Street, Round Rock, Texas
78664-5299 (hereinafter referred to as "City"), and RGM CONS I RUCTORS, L.P., a Texas
limited partnership, located at 15603 North IH 35, Pflugerville, Texas 78660 (hereinafter
referred to as "RGM"), as follows, to -wit:
1. Parties: The parties to this Agreement are the City and RGM.
2. Scope of Agreement: This Agreement is executed to witness a full, final and complete
settlement between City and RGM with respect to all matters relating to the contract for
construction of Kiphen Road Improvements Phase II ("Contract") made and entered into
on November 22, 2005.
3. Consideration: RGM, individually hereby agrees to accept the sum of $300,000.00 in
complete, full and final settlement as set forth in paragraph 4.
4. Release: RGM hereby forever waives, releases and covenants not to sue City with regard
to any and all actual or potential claims, suits, demands, causes of action, charges or
grievances of any kind or character, known or unknown, regardless of the nature or extent
of the same, made or which could have been made arriving out of the Contract.
5. Place of Payment: Payment of $300,000.00 shall be made to RGM Constructors, L.P.
6. Authority: Each signator warrants that such party has authority to sign this Agreement.
7. Entire Agreement and Voluntary Acceptance: It is understood and agreed that this
Agreement contains the entire agreement between the parties hereto with regard to the
matters set forth herein. All parties further declare that the terms of this Agreement have
been read, voluntarily accepted, understood by them or explained to them by their
attorneys, and agreed to and approved by them or by their attorneys. It is understood that
the provisions of this Agreement are contractual and are not merely recitals.
8. Governing Law: This Agreement shall be construed and interpreted in accordance with
the laws of the State of Texas and the laws of the United States.
RGM Constructors L P - Settlement and Release (00185195)/rmc
Ti-
to -o;_ it t0ae
EXECUTED this the 4 day of ' " RC 2010.
RGM CONSTRUCTOR , .,;a Texas limited partnership
By:
Printed Name:
Title: A. r
tx5c S: 1 j Ll.-
Date Signed: 3 -$ - ! 0
CITY OF ROUND ROCK, TEXAS
By: Th
Printed Name: h M - 811114 /
Title:
Date Signed: 31 l• t D
For City, Attested:
By:
Sara L. White, City Secretary
For City, A pr ved as to For
By:
Stepha
L. Sheets, City Attorney